Agenda - Planning Commission - 01/03/2019

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Zoning Bulletin November 25, 2018 I Volume 12 I Issue 22 Use/ ubstantive ue rocess/ Equal Rights —After developers' development plan application is denied they sue claiming violations of their constitutional rights Developers argue that because they met all guidelines of the zoning ordinance, the city had no discretion to deny their application, and thus violated their substantive due process rights with the denial Citation: Da Vinci Investment, Limited Partnership v. City of Arlington, Texas, 2018 WL 4090599 (5th Cit.: 2018) The Fifth Circuit has jurisdiction over Louisiana, Mississippi, and Texas. 1,11,111 CIRCUIT (TEXAS) (08/27/18)—This case addressed the issue of whether a city's denial of a development plan application violated the developers' substantive due process and equal protection rights. The Background/Facts: In 1991, Da Vinci Investment, Limited Partner- ship ("Da Vinci") purchased approximately 12 acres of undeveloped land in the City of Arlington (the "City"). After that purchase, Da Vinci obtained a zoning change on the land to "planned development" ("PD"). PD zoning al- lowed for the property to be developed in accordance with an approved development plan. Over several years, Da Vinci sold portions of the land. In 2012, Da Vinci contracted with Daniel Griffith ("Griffith") to purchase the sole remaining tract of land (the "Lot"). That purchase was conditioned upon approval by the City of a development plan to build a car wash. Under the PD zoning, a car wash was a permitted use on the Lot. In furtherance of the proposed car wash and Lot sale, Da Vinci and Griffith submitted a development plan ap- plication to the City. The City Council ultimately voted to deny the development plan application. The City council gave three reasons for the denial: "(1) the plan failed to mitigate compatibility issues; (2) the plan failed to enhance the neighborhood; and (3) the plan failed to mitigate the concerns of a majority of the neighbors." In an effort to challenge the development plan application denial, Da Vinci sued the City. Griffith also sued the City. The two cases were consolidated. In their cases, Da Vinci and Griffith (hereinafter, collectively, the "Developers") argued that in denying their development plan applica- tion, the City violated their constitutional substantive due process and equal © 2018 Thomson Reuters 7